Suspect Who Fled U.S. In 2014 Brought To Justice In Volusia County

Date Added: September 02, 2020 8:50 pm

Andrew Gant
Office of Public Affairs & Media Relations

CHILD PORN SUSPECT WHO FLED THE COUNTRY IN 2014 BROUGHT TO JUSTICE IN VOLUSIA COUNTY

A DeLand man who fled to the Caribbean island nation of Saint Lucia in 2014 while facing charges of possession of child pornography has finally been transported back to Volusia County, thanks to a joint effort with the federal government to secure his extradition.

Sebastian Marcus Day, 27 (DOB 5/7/1993), a former Marine, fled DeLand for Saint Lucia in March 2014, shortly after Volusia detectives executed a search warrant at his home. The investigation, prompted by evidence from a file-sharing network indicating Day was downloading sexually explicit videos of young boys, resulted in 25 counts of possession of sexual performance by a child.

Over the course of the next several years, detectives and prosecutors with the State Attorney’s Office worked with the U.S. Department of Justice (DOJ)’s Office of International Affairs and others to attempt to extradite Day back to the U.S. In March 2018, the DOJ’s Office of International Affairs sent a formal extradition request to Saint Lucia. That request was denied because, at the time, Saint Lucia had not yet issued a commencement order to its Computer Misuse Act, which criminalized the conduct with which Day was charged.

Volusia detectives continued to work with the DOJ in an effort to bring Day to justice. Later in 2018, Saint Lucia published a commencement order giving effect to its Computer Misuse Act criminalizing possession of child pornography with intent to distribute. The DOJ submitted a new request for Day’s extradition the following year, and he was arrested by Saint Lucian authorities in November 2019. Meanwhile, detectives also gathered additional evidence to show Day’s conduct demonstrated intent to distribute child pornography. In July of this year, Day was committed for extradition back to the U.S.

Day filed a petition to overturn his committal for extradition, but the petition was denied in August, clearing the way for his trip back to Volusia County. The extradition took place this week thanks to coordination between the Department of Justice’s Office of International Affairs, the U.S. Department of State and the U.S. Marshals Service. Day arrived in Orlando on Wednesday and was transported to Volusia County by Volusia Sheriff’s Det. Don Maxwell, who serves on the USMS Florida/Caribbean Regional Fugitive Task Force.

The Sheriff’s Office is continuing to coordinate with the State Attorney’s Office as Day’s prosecution moves forward. Volusia Sheriff Mike Chitwood commended all involved in the effort, and in particular Det. Chastity Burke, the same detective who started the investigation and fought to see it through to the result announced today.

“No one fights harder for children than detectives like Chastity Burke,” Sheriff Chitwood said. “Thanks to her dedication, our entire Internet Crimes Against Children team and all the help and support of every level of our justice system, Sebastian Day can’t hide from the law any longer. Today, the world’s a little safer, and there’s one less safe harbor for those responsible for stealing our kids’ innocence.”